BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 431|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                              UNFINISHED BUSINESS


          Bill No:  SB 431
          Author:   Benoit (R) and Leno (D)
          Amended:  6/4/09
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/28/09
          AYES:  Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE FLOOR  :  36-0, 5/11/09 (Consent)
          AYES:  Aanestad, Alquist, Ashburn, Benoit, Cogdill,  
            Corbett, Correa, Cox, Denham, DeSaulnier, Ducheny,  
            Dutton, Florez, Hancock, Harman, Hollingsworth, Huff,  
            Kehoe, Leno, Liu, Lowenthal, Maldonado, Negrete McLeod,  
            Oropeza, Padilla, Pavley, Romero, Runner, Steinberg,  
            Strickland, Walters, Wiggins, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Calderon, Cedillo, Simitian, Vacancy

           ASSEMBLY FLOOR  :  74-0, 7/9/09 (Consent) - See last page for  
            vote


           SUBJECT  :    Adult probation:  transfers

           SOURCE  :     Chief Probation Officers of California


           DIGEST  :    This bill requires that a court transfer a  
          person released on probation to a court in the county in  
          which the person resides permanently, with specified  
          exceptions.

                                                           CONTINUED





                                                               SB 431
                                                                Page  
          2

           Assembly Amendments  (1) restated procedures to include a  
          noticed motion, and (2) required the Judicial Council to  
          promulgate rules of court for procedures.

           ANALYSIS  :    

          Existing law provides for transfer of probation as follows:

          1. Whenever any person is released upon probation, the case  
             may be transferred to any court of the same rank in any  
             other county in which the person resides permanently,  
             meaning the stated intention to remain for the duration  
             of probation, provided that the court of the receiving  
             county shall first be given an opportunity to determine  
             whether the person does reside in and has stated the  
             intention to remain in that county for the duration of  
             probation.  If the court finds that the person does not  
             reside in or has not stated an intention to remain in  
             that county for the duration of probation, it may refuse  
             to accept the transfer.  The court and the probation  
             department shall give the matter of investigating those  
             transfers precedence over all actions or proceedings  
             therein, except actions or proceedings to which special  
             precedence is given by law, to the end that all those  
             transfers shall be completed expeditiously.

          2. Except where the person is granted probation for drug  
             treatment pursuant to Proposition 36, if the court of  
             the receiving county finds that the person does  
             permanently reside in or has permanently moved to the  
             county, it may, in its discretion, either accept the  
             entire jurisdiction over the case, or assume supervision  
             of the probationer on a courtesy basis.

          3. Whenever a person is granted probation under Section  
             1210.1 (Proposition 36), the sentencing court may, in  
             its discretion, transfer jurisdiction of the entire  
             case, upon a finding by the receiving court of the  
             person's permanent residency in the receiving county.

          4. The order of transfer shall contain an order committing  
             the probationer to the care and custody of the probation  
             officer of the receiving county and an order for  
             reimbursement of reasonable costs for processing the  







                                                                SB 431
                                                                Page  
          3

             transfer to be paid to the sending county in accordance  
             with Section 1203.1b.  A copy of the orders and  
             probation reports shall be transmitted to the court and  
             probation officer of the receiving county within two  
             weeks of the finding by that county that the person does  
             permanently reside in or has permanently moved to that  
             county, and thereafter the receiving court shall have  
             entire jurisdiction over the case, with the like power  
             to again request transfer of the case whenever it seems  
             proper.  (Section 1203.9 of the Penal Code)

          This bill amends #1 above to instead provide that whenever  
          a person is released on probation, the court, upon noticed  
          motion, shall transfer the case to the superior court in  
          any other county in which the person resides permanently,  
          meaning with the stated intention to remain for the  
          duration of probation, unless the transferring court  
          determines that the transfer would be inappropriate and  
          states its reasons on the record.  Upon notice of the  
          motion for transfer, the court of the proposed receiving  
          county may provide comments for the record regarding the  
          proposed transfer, following procedures set forth in rules  
          of court developed by the Judicial Council for this  
          purpose, pursuant to subdivision (e).  The court and the  
          probation department shall give the matter of investigating  
          those transfers precedence over all actions or proceedings  
          therein, except actions or proceedings to which special  
          precedence is given by law, to the end that all those  
          transfers shall be completed expeditiously.

          This bill provides that, notwithstanding the above, when a  
          person is released on probation, the sentencing court shall  
          transfer the entire jurisdiction of the case to the county  
          in which that person permanently resides, unless the court  
          determines on the record that the transfer would not be  
          appropriate.  The receiving county must accept the entire  
          jurisdiction over the case, unless it determines that the  
          probationer does not intend to reside permanently in that  
          county.

          This bill requires the Judicial Council to promulgate rules  
          of court for procedures by which the proposed receiving  
          county shall receive notice of the motion for transfer and  
          by which responsive comments may be transmitted to the  







                                                                SB 431
                                                                Page  
          4

          court of the transferring county.

          This bill also applies these provisions to transfers of  
          persons granted probation under Proposition 36 for drug  
          treatment.  

          This bill requires the Judicial Council to adopt rules  
          providing factors for the court's consideration when  
          determining the appropriateness of transfer, including, but  
          not limited to, (1) permanency of residency of the  
          offender, (2) local programs available for the offender,  
          and (3) restitution orders and victim issues.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  7/9/09)

          Chief Probation Officers of California (source)
          California Probation, Parole and Correctional Association
          Judicial Council of California

           ARGUMENTS IN SUPPORT  :    According to the author:

            "Current law results in a significant risk to public  
            safety with thousands of adult probationers being  
            supervised ineffectively by Probation Departments outside  
            of their County of residence.

            "Under current law, California County Probation  
            Departments are responsible for the supervision of adult  
            offenders placed on probation by the Superior Court.   
            Most of those placed on probation reside in the County  
            where the crime, prosecution, and grant of probation  
            occurred.  This means that the Probation Department  
            supervises the Probationer residing in the Probation  
            Department's geographical jurisdiction (County), which  
            facilitates probation monitoring and supportive services  
            that promote public safety. 

            "However, thousands of adult probationers reside in a  
            different County than the probation department  
            responsible for their supervision.  Some of these adult  
            probationers are concurrently under the wasteful,  







                                                                SB 431
                                                                Page  
          5

            duplicative probation supervision of multiple probation  
            departments.  Probation departments do not have the  
            capacity to provide for effective supervision of adult  
            probationers living in other counties.

            "SB 431 would establish the Probation Department of the  
            adult probationer's County of residence as the Probation  
            Department responsible for probation supervision."

          According to the bill's sponsor, the Chief Probation  
          Officers of California, the current system has resulted in  
          very few transfers but many probationers living in a  
          different county than the probation department with  
          jurisdiction over them.  The sponsors state that this has  
          resulted in wasteful duplication of effort and a potential  
          threat to public safety.


           ASSEMBLY FLOOR : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,  
            Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  
            Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,  
            Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,  
            Huffman, Jeffries, Knight, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Mendoza, Miller, Monning, Nestande, Niello, Nielsen,  
            John A. Perez, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, Bass
          NO VOTE RECORDED:  Charles Calderon, Duvall, Jones,  
            Krekorian, Nava, Vacancy


          RJG:mw  7/10/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****